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Introduction to the Republic of china(Taiwan)
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Chapter XI. System of Local Government
Section 1. The Province

Article 112.

A province may convoke a provincial assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, regulations, provided the said regulations are not in conflict with the Constitution.
The organization of the provincial assembly and the election of the delegates shall be prescribed by law.

Article 113.

The Provincial Self-Government Regulations shall include the following provisions:

1. In the province, there shall be a provincial council. Members of the provincial council shall be elected by the people of the province.
2. In the province, there shall be a provincial government with a provincial governor who shall be elected by the people of the province.
3. Relationship between the province and the hsien. The legislative power of the province shall be exercised by the Provincial Council.

Article 114.

The Provincial Self-Government Regulations shall, after enactment, be forthwith submitted to the Judicial Yuan. The Judicial Yuan, if it deems any part thereof unconstitutional, shall declare null and void the articles repugnant to the Constitution.

Article 115.

If, during the enforcement of the Provincial Self-Government Regulations, there should arise any serious obstacle in the application of any of the articles contained therein, the Judicial Yuan shall first summon the various parties concerned to present their views; and thereupon the Presidents of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan and Control Yuan shall form a Committee, with the President of the Judicial Yuan as Chairman, to propose a formula for solution.

Article 116.

Provincial rules and regulations that are in conflict with national laws shall be null and void.

Article 117.

When doubt arises as to whether or not there is a conflict between provincial rules or regulations and national laws, interpretation thereon shall be made by the Judicial Yuan.

Article 118.

The self-government of municipalities under the direct jurisdiction of the Executive Yuan shall be prescribed by law.

Article 119.

The local self-government system of the Mongolian Leagues and Banners shall be prescribed by law.

Article 120.

The self-government system of Tibet shall be safeguarded.

 
Section 2. The Hsien

Article 121.

The hsien shall enforce hsien self-government.

Article 122.

A hsien may convoke a hsien assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, hsien self-government regulations, provided the said regulations are not in conflict with the Constitution or with provincial self-government regulations.

Article 123.

The people of the hsien shall, in accordance with law, exercise the rights of initiative and referendum in matters within the sphere of hsien self-government, and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other hsien self-government officials.

Article 124.

In the hsien, there shall be a hsien council. Members of the hsien council shall be elected by the people of the hsien.
The legislative power of the hsien shall be exercised by the hsien council.

Article 125.

Hsien rules and regulations that are in conflict with national laws, or with provincial rules and regulations, shall be null and void.

Article 126.

In the hsien, there shall be a hsien government with a hsien magistrate who shall be elected by the people of the hsien.

Article 127.

The hsien magistrate shall have charge of hsien self-government and shall administer matters delegated to the hsien by the central or provincial government.

Article 128.

The provisions governing the hsien shall apply mutatis mutandis to the municipality.

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Chapter XII. Election, Recall, Initiative and Referendum

Article 129.

The various kinds of elections prescribed in this Constitution, except as otherwise provided by this Constitution, shall be by universal, equal, and direct suffrage and by secret ballot

Article 130.

Any citizen of the Republic of China who has attained the age of 20 years shall have the right of election in accordance with law. Except as otherwise provided by this Constitution or by law, any citizen who has attained the age of 23 years shall have the right of being elected in accordance with law.

Article 131.

All candidates in the various kinds of elections prescribed in this Constitution shall openly campaign for their election.

Article 132.

Intimidation or inducement shall be strictly forbidden in elections. Suits arising in connection with elections shall be tried by the courts.

Article 133.

A person elected may, in accordance with law, be recalled by his constituency.

Article 134.

In the various kinds of elections, the number of women to be elected shall be fixed, and measures pertaining thereto shall be prescribed by law.

Article 135.

The number of delegates to the National Assembly and the manner of their election from people in interior areas, who have their own conditions of living and habits, shall be prescribed by law.

Article 136.

The exercise of the rights of initiative and referendum shall be prescribed by law.

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Chapter XI. System of Local Government
Section 1. The Province

Article 112.

A province may convoke a provincial assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, regulations, provided the said regulations are not in conflict with the Constitution.
The organization of the provincial assembly and the election of the delegates shall be prescribed by law.

Article 113.

The Provincial Self-Government Regulations shall include the following provisions:

1. In the province, there shall be a provincial council. Members of the provincial council shall be elected by the people of the province.
2. In the province, there shall be a provincial government with a provincial governor who shall be elected by the people of the province.
3. Relationship between the province and the hsien. The legislative power of the province shall be exercised by the Provincial Council.

Article 114.

The Provincial Self-Government Regulations shall, after enactment, be forthwith submitted to the Judicial Yuan. The Judicial Yuan, if it deems any part thereof unconstitutional, shall declare null and void the articles repugnant to the Constitution.

Article 115.

If, during the enforcement of the Provincial Self-Government Regulations, there should arise any serious obstacle in the application of any of the articles contained therein, the Judicial Yuan shall first summon the various parties concerned to present their views; and thereupon the Presidents of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan and Control Yuan shall form a Committee, with the President of the Judicial Yuan as Chairman, to propose a formula for solution.

Article 116.

Provincial rules and regulations that are in conflict with national laws shall be null and void.

Article 117.

When doubt arises as to whether or not there is a conflict between provincial rules or regulations and national laws, interpretation thereon shall be made by the Judicial Yuan.

Article 118.

The self-government of municipalities under the direct jurisdiction of the Executive Yuan shall be prescribed by law.

Article 119.

The local self-government system of the Mongolian Leagues and Banners shall be prescribed by law.

Article 120.

The self-government system of Tibet shall be safeguarded.

 
Section 2. The Hsien

Article 121.

The hsien shall enforce hsien self-government.

Article 122.

A hsien may convoke a hsien assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, hsien self-government regulations, provided the said regulations are not in conflict with the Constitution or with provincial self-government regulations.

Article 123.

The people of the hsien shall, in accordance with law, exercise the rights of initiative and referendum in matters within the sphere of hsien self-government, and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other hsien self-government officials.

Article 124.

In the hsien, there shall be a hsien council. Members of the hsien council shall be elected by the people of the hsien.
The legislative power of the hsien shall be exercised by the hsien council.

Article 125.

Hsien rules and regulations that are in conflict with national laws, or with provincial rules and regulations, shall be null and void.

Article 126.

In the hsien, there shall be a hsien government with a hsien magistrate who shall be elected by the people of the hsien.

Article 127.

The hsien magistrate shall have charge of hsien self-government and shall administer matters delegated to the hsien by the central or provincial government.

Article 128.

The provisions governing the hsien shall apply mutatis mutandis to the municipality.

top
Chapter XII. Election, Recall, Initiative and Referendum

Article 129.

The various kinds of elections prescribed in this Constitution, except as otherwise provided by this Constitution, shall be by universal, equal, and direct suffrage and by secret ballot

Article 130.

Any citizen of the Republic of China who has attained the age of 20 years shall have the right of election in accordance with law. Except as otherwise provided by this Constitution or by law, any citizen who has attained the age of 23 years shall have the right of being elected in accordance with law.

Article 131.

All candidates in the various kinds of elections prescribed in this Constitution shall openly campaign for their election.

Article 132.

Intimidation or inducement shall be strictly forbidden in elections. Suits arising in connection with elections shall be tried by the courts.

Article 133.

A person elected may, in accordance with law, be recalled by his constituency.

Article 134.

In the various kinds of elections, the number of women to be elected shall be fixed, and measures pertaining thereto shall be prescribed by law.

Article 135.

The number of delegates to the National Assembly and the manner of their election from people in interior areas, who have their own conditions of living and habits, shall be prescribed by law.

Article 136.

The exercise of the rights of initiative and referendum shall be prescribed by law.

top